Security at nuclear facilities focus of N.C. bill

Published: Wednesday, February 13, 2013 at 2:52 p.m.

Last Modified: Wednesday, February 13, 2013 at 2:52 p.m.

A bill introduced last week seeks to give security guards at nuclear power plants the same liability protections as a police officer when it comes to the use of force.

The bill, Senate Bill 61: Nuclear Security Guards No Liability, was introduced by freshman Sen. David Curtis, R-Iredell, after one of his constituents, a security guard at McGuire Nuclear Station in Mecklenburg County, brought up the issue and asked him to address it.

"My constituent asked me to do it," Curtis said. "He was not sure he would not be sued if an intruder penetrated the perimeter of this nuclear plan and he shot them. This basically gives a nuclear security plant officer the same protections as a police officer. He can perform his duties without wondering."

If the bill becomes law, a security officer, his employer and the owners of a nuclear generating facility will not be "civilly or criminally liable" for use of force, including deadly force. The bill was referred to the Senate's Judiciary II committee for consideration.

Curtis' bill is a first, and could fill a gap in the laws, said Howard Hall, a professor of nuclear engineering at the University of Tennessee .

"This is the first case I've seen of a law like this," Hall said. "I don't know that anyone has thought too deeply about this in the past."

Duke Energy would not disclose, for security reason, how many officers it has guarding three nuclear plants in North Carolina, including the Brunswick Nuclear Plant near Southport. Tim Pettit, a spokesman for Duke Energy, said the officers are well trained and qualified to protect the plants.

"These officers in combination with a vast array of security systems, physical barriers and the robust design ensure the safe, secure operation of these facilities," Pettit said. "We have a highly trained security force that like law enforcement officers is routinely trained in a wide range of scenarios to ensure the appropriate response in protecting our nuclear facilities and the health and safety of the public."

Pettit said the plants use a mix of contract security personnel and officers hired by Duke Energy employees.

Pettit said neither Duke Energy nor the nuclear power industry requested any change in the law, and he did not comment on the merits of the bill.

"We are reviewing the language in the bill," Pettit said.

The Brunswick County Sheriff's Office did not return calls seeking comment on the bill. The North Carolina Sheriffs' Association said it has not reviewed the language of the bill or talked to Curtis about his intent.

The bill has gained some support in the House. Rep. Frank Iler, R-Brunswick, said Wednesday the guards should have the same protections as police officers. The Brunswick Nuclear Plant near Southport is in Iler's district.

"They need to know they can protect themselves without being sued," Iler said.

<p>A bill introduced last week seeks to give security guards at nuclear power plants the same liability protections as a police officer when it comes to the use of force.</p><p>The bill, Senate Bill 61: Nuclear Security Guards No Liability, was introduced by freshman Sen. David Curtis, R-Iredell, after one of his constituents, a security guard at McGuire Nuclear Station in Mecklenburg County, brought up the issue and asked him to address it.</p><p>"My constituent asked me to do it," Curtis said. "He was not sure he would not be sued if an intruder penetrated the perimeter of this nuclear plan and he shot them. This basically gives a nuclear security plant officer the same protections as a police officer. He can perform his duties without wondering."</p><p>If the bill becomes law, a security officer, his employer and the owners of a nuclear generating facility will not be "civilly or criminally liable" for use of force, including deadly force. The bill was referred to the Senate's Judiciary II committee for consideration.</p><p>Curtis' bill is a first, and could fill a gap in the laws, said Howard Hall, a professor of nuclear engineering at the University of Tennessee .</p><p>"This is the first case I've seen of a law like this," Hall said. "I don't know that anyone has thought too deeply about this in the past."</p><p>Duke Energy would not disclose, for security reason, how many officers it has guarding three nuclear plants in North Carolina, including the Brunswick Nuclear Plant near Southport. Tim Pettit, a spokesman for Duke Energy, said the officers are well trained and qualified to protect the plants.</p><p>"These officers in combination with a vast array of security systems, physical barriers and the robust design ensure the safe, secure operation of these facilities," Pettit said. "We have a highly trained security force that like law enforcement officers is routinely trained in a wide range of scenarios to ensure the appropriate response in protecting our nuclear facilities and the health and safety of the public."</p><p>Pettit said the plants use a mix of contract security personnel and officers hired by Duke Energy employees. </p><p>"Our security management team is direct Duke Energy employees," Pettit said.</p><p>Pettit said neither Duke Energy nor the nuclear power industry requested any change in the law, and he did not comment on the merits of the bill.</p><p>"We are reviewing the language in the bill," Pettit said.</p><p>The Brunswick County Sheriff's Office did not return calls seeking comment on the bill. The North Carolina Sheriffs' Association said it has not reviewed the language of the bill or talked to Curtis about his intent.</p><p>The bill has gained some support in the House. Rep. Frank Iler, R-Brunswick, said Wednesday the guards should have the same protections as police officers. The Brunswick Nuclear Plant near Southport is in Iler's district.</p><p>"They need to know they can protect themselves without being sued," Iler said.</p><p><i></p><p>Kevin Maurer: 343-2339</p><p>On <a href="http://www.starnewsonline.com/section/news41"><b>Twitter</b></a>: @StarNewsKevin</i></p>